Bill Text: IL HB1553 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill. Deletes language providing that the special immigrant minor provisions of the Juvenile Court Act of 1987 do not apply to a minor who applies for special immigrant minor status solely for the purpose of qualifying for financial assistance for himself or herself or for his or her parents, guardian, or custodian. Amends the Illinois Marriage and Dissolution of Marriage Act, Illinois Parentage Act of 2015, the Adoption Act, and the Probate Act of 1975. Provides that a court of the State that is competent to petitions under those Acts has jurisdiction to make the findings necessary to enable a child, who is the subject of the action, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status under federal law, and the evidence, which may consist solely of, but is not limited to, a declaration by the child, supports the findings, the court shall issue an order with certain specifications. Makes other changes.

Spectrum: Partisan Bill (Democrat 34-0)

Status: (Passed) 2019-07-23 - Public Act . . . . . . . . . 101-0121 [HB1553 Detail]

Download: Illinois-2019-HB1553-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB1553 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-4a
Amends the Juvenile Court Act of 1987. Provides that the court has jurisdiction to make the findings necessary to enable a minor who has been adjudicated a ward of the court to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status and the evidence, which may consist solely of, but is not limited to, a declaration of the minor, supports the findings, the court shall issue an order that includes the following findings: (1) the minor is declared a dependent of the court or the minor is legally committed to, or placed under the custody of, a State agency or department, or an individual or entity appointed by the court; (2) that reunification of the minor with one or both of the minor's parents is not viable due to abuse, neglect, abandonment, or other similar basis; and (3) that it is not in the best interest of the minor to be returned to the minor's or parent's previous country of nationality or last habitual residence. Makes other changes.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-4a as follows:
(705 ILCS 405/2-4a)
Sec. 2-4a. Special immigrant minor.
(a) The court has jurisdiction to make the findings
necessary to enable a minor Except as otherwise provided in
this Act, a special immigrant minor under 18 years of age who
has been adjudicated made a ward of the court to petition the
United States Citizenship and Immigration Services for
classification as a special immigrant juvenile under 8 U.S.C.
1101(a)(27)(J). A minor for whom the court finds under
subsection (b) shall may be deemed eligible by the court for
long-term foster care due to abuse, neglect, or abandonment and
remain under the jurisdiction of the juvenile court until his
or her special immigrant juvenile petition is filed with the
United States Citizenship and Immigration Services, or its
successor agency status and adjustment of status applications
are adjudicated. The petition filed on behalf of the special
immigrant minor must allege that he or she otherwise satisfies
the prerequisites for special immigrant juvenile status

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pursuant to 8 U.S.C. Section 1101(a)(27)(J) and must state the
custodial status sought on behalf of the minor.
(b) If a motion requests findings regarding Special
Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and the
evidence, which may consist solely of, but is not limited to, a
declaration of the minor, supports the findings, the court
shall issue an order that includes For the purposes of this
Section, a juvenile court may make a finding that a special
immigrant minor is eligible for long term foster care if the
court makes the following findings:
(1) (A) the minor is declared a dependent of the court;
or (B) the minor is legally committed to, or placed under
the custody of, a State agency or department, or an
individual or entity appointed by the court; and That a
reasonable diligent search for biological parents, prior
adoptive parents, or prior legal guardians has been
conducted; and
(2) that reunification of the minor with one or both of
the minor's parents is not viable due to abuse, neglect,
abandonment, or other similar basis; and That
reunification with the minor's biological parents or prior
adoptive parents is not a viable option.
(3) that it is not in the best interest of the minor to
be returned to the minor's or parent's previous country of
nationality or last habitual residence.
(c) In For the purposes of this Section:

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(1) The term "abandonment" means, but is not limited
to, the failure of a parent or legal guardian to maintain a
reasonable degree of interest, concern, or responsibility
for the welfare of his or her minor child or ward.
(2) (Blank). The term "special immigrant minor" means
an immigrant minor who (i) is present in the United States
and has been made a ward of the court and (ii) for whom it
has been determined by the juvenile court or in an
administrative or judicial proceeding that it would not be
in his or her best interests to be returned to his or her
previous country of nationality or country of last habitual
residence.
(d) This Section does not apply to a minor who applies for
special immigrant minor status solely for the purpose of
qualifying for financial assistance for himself or herself or
for his or her parents, guardian, or custodian.
(Source: P.A. 93-145, eff. 7-10-03.)